What is the name of your state (only U.S. law)? California
Hello, and thanks for your advice.
I had a felony (bodily harm) DUI in May 2005, I was convicted in Nov 2005.
I served 1 year jail time and paid all fines, I was on 3 years probation.
In Oct 2008, I crashed my motorcycle due to gravel at the edge of the road.
I was NOT arrested, but gave a blood sample at the hospital, which 6 weeks later came back .19 I was in hospital for 2 weeks.
In Dec 2008, recieved notice to appear on a misdemeanor charge.
This was put off until Feb 2009.
I signed a 2nd offense waver, and my lawyer and DA agreed to 10 days and not more than 1000.00.
Upon sitting in front of Judge, DA realized the previous violation was a felony
and now I will be returning in April under new charge.
This is in a different county and court than the 1st.
My questions:
is this a "wobbler" offense?
is there discretion available to DA/Judge to file as misdemeaner?
what possible plea bargins can be suggested? thanks again
Hello, and thanks for your advice.
I had a felony (bodily harm) DUI in May 2005, I was convicted in Nov 2005.
I served 1 year jail time and paid all fines, I was on 3 years probation.
In Oct 2008, I crashed my motorcycle due to gravel at the edge of the road.
I was NOT arrested, but gave a blood sample at the hospital, which 6 weeks later came back .19 I was in hospital for 2 weeks.
In Dec 2008, recieved notice to appear on a misdemeanor charge.
This was put off until Feb 2009.
I signed a 2nd offense waver, and my lawyer and DA agreed to 10 days and not more than 1000.00.
Upon sitting in front of Judge, DA realized the previous violation was a felony
and now I will be returning in April under new charge.
This is in a different county and court than the 1st.
My questions:
is this a "wobbler" offense?
is there discretion available to DA/Judge to file as misdemeaner?
what possible plea bargins can be suggested? thanks again